Schwartz v. Bogen

New York Court of Appeals

Schwartz v. Bogen

282 N.E.2d 623, 30 N.Y.2d 648, 331 N.Y.S.2d 669, 1972 N.Y. LEXIS 1434

DecidedMarch 16, 1972

StatusPublished

This text of 282 N.E.2d 623 (Schwartz v. Bogen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schwartz v. Bogen, 282 N.E.2d 623, 30 N.Y.2d 648, 331 N.Y.S.2d 669, 1972 N.Y. LEXIS 1434 (N.Y. 1972).

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Opinions

Because this court’s remittitur is involved the court retains inherent jurisdiction to review its enforcement, irrespective of the rules of nonfinality applicable to contempt orders in other contexts (see Cohen and Karger, Powers of the New York Court of Appeals, p. 37, n. 1; cf. New York Thruway Auth. v. State of New York, 25 N Y 2d 210, 219, dispensing with the need for leave to appeal in such case). On the merits, the order should be affirmed as the courts below exercised their discretion properly in refusing to hold respondents in contempt.

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Because this court’s remittitur is involved the court retains inherent jurisdiction to review its enforcement, irrespective of the rules of nonfinality applicable to contempt orders in other contexts (see Cohen and Karger, Powers of the New York Court of Appeals, p. 37, n. 1; cf. New York Thruway Auth. v. State of New York, 25 N Y 2d 210, 219, dispensing with the need for leave to appeal in such case). On the merits, the order should be affirmed as the courts below exercised their discretion properly in refusing to hold respondents in contempt.

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Bluebook (online)

282 N.E.2d 623, 30 N.Y.2d 648, 331 N.Y.S.2d 669, 1972 N.Y. LEXIS 1434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-bogen-ny-1972.